Little Falls transcript., 1887-03-25

NESTING; the speaksr ot the house 81 rcDresent-
attyes shall preside. but. whoa he is q contest
ant; sneaker lss. pIo ss shall g elected
hecalied by the clerk, and II they answer their
apPeAfsnce shail bp recorded s< sE a
Third Tho contestant shall then frst intro
duna hia testinaOny, and. after the Testimony is
nlosed on both sides, the contestant by himself
or by his counsel may open the contest md the
officer. 6, may then proeee BY himself g
be beard N reply after. the arrunsnt ct both
PARTIES IL concluded Any member OF the house
maT offer the reasons for the vote be intends 70
Fourth Tho clerk shall Keep s regular journal
OF the proceedings s Ss3as 5s8%. $
shall vote viea eocs, and . majority Of the votes
given shall decide: but no party TO the contest
shall vose, either upon the final decision or
a apon sny preliminary question that has refer
sixth-H the contest Is in the sennte 1t shall
proceed as nearly as may be according to the
rules above prescribed. 5.=t&EE T.,
SEC. q. Any candidate or elcctor OF the
proper county may contest the election Of any
person declared elected to any county Office. He
shall give notice thereof in the manner provided
II the person whose ELECTION is contested desire
70 0ner testimony upon points not specified in
sne noticc of The contestant, he shall. in the
serve notice on the contestant, speci-
tying such additional points: upon
such notices which are not to be taken as t1ae
IL
court, under all the circumstances, deem it just,
all the testimony shall be taken as in civil ae-
sions' and all matters relating to said contest
shall be heard and tried by the district court OF
the proper county In the manner thai civil ac-
tions are tried by the court. Said contest shall
be brought on for hearing and the costs therein
taxed by said district court In the manner that
civil actions are conducted. Said district court,
at the next general or special term after the ey-
ptra.1oh OF q thirty days after the votes are can-
vassed, shall hear aud determine the contest:
and tho judge of the said court, in case no gen.,
eral or special term thereof occur within ninety
dars after the canvass 1T the votes, shall appoint
special term OF said court to convene within
ten days after notice OF suoh contest shall have
been given to him. Wheu the Judgment or decis-
lon OF the district court shall he removed to the
supreme court, the party removing the Same
shall file in the district court bond to the op-
posite party III such sum, not less than five
hundred dollars, and with such suretics as shall
be approved by the judge conditioned for the
payment OF al costs incurred by the respondent
IN case the applicant fail in his appeal The re-
burn ON said appeal shall be made, settled, Ger
titled and filed in the supreme court within fif-
teen days after the date OF service OF notice OF
appeal and upon perfeetins said appeal, the
same may be- brought on for hearing and DETER
mination before said supreme court at any time
when the same shall bs in session. and upon ten
DAYS notice from either party; aud the same
shail pc heard and determined i'll summary
manner SUCH notice OF hearing may be served
during the term or in vacation. This act shall
apply to any case now pending -,
SEC g. On the trial Of any contested elec-
slxty-tirst sections Of this chapter named, the
parties to the contest may introduce either writ
ten o.. orai testimony, but no deposition shall
be read at such trial unless the other party had
reasonable notice OF the time and place OF taking
the same.
SEC SO. In any county In which there is a
vote for the removing OF the county seat or chang
ing the county lines Of said county, or upon any
other subject which by law may be su omitted TO
the vote Of the people Of said county any elector
therein may contest the validity Of such elec-
right ,In,.a6 6cc1 tS, ho
selected for the county seat TO be such: or as to
the result when the proposition to remove a
county seat is declared defeated: or as TO any
county line declared established by said vote:
or as to the result OF any vote upon any subject
submitted as aforesaid. Such elector shalIeive
notice In writing OF such contest to the county
commissioners, or one ot them, In the county in
which said vote was taken, by serving copies Of
said notice personally upon said commissioners
at their place Of residence within thirty days
after the result Of said votes is declared or pro-
claimed. Said notice shall specify the points on
Wnlch said election will be contested, and u copy
thereof shall be filed with the district clerk OF the
proper county within ten days after the service
thereof upon the county commissioners; and
the district court, at its first general or special
upon the oral and written evidence OF the par
ties; and depositions may be taken by any Of
tie parties to the proceedings In the same as In
civil actions, but no appeal to said district court
shall be necessary in any snch case. Such COM
missioners, or, upon their failure. any eiector Of
The proper county may appear and defend In
such contest and introduce evidence as IN other
actions. 4.
SEQ g. The regular term OF office Of all state
and county officers shall commence on the first
Tuesday Of January next succeeding their elec-
tion, unless otherwise provided by law.
SEQ G5 Any state, county or district officer
elected, or appointed, to fill o vacancy, shall
aqnaify. and enter upon the duties OF his office,
immediately thereafter, ana when elected, hold
the same during the nnexpir6d term for which
lie was elected, and unit! his successor Is ap-
pointed and qualified; but it appointed to be
tion, when . SUCCESSOR for the remainder Of the
uncxpired term shall be chosen, and until his
successor is elected and qualified. . .,
SEQ 66: During any day on which any gen
eral, special town or charter election Is held, no
civil process shall be served upon any elsctor
entitled to vote at such election -"
SEC 6I The secretary Of state shall provide
psaa rn qsaks s w tos and %1nE s @ and 81 sbs
blanks necessary to be used in the several e!ec-
tion districts at any election: he shall also pro-
yd s9paas q s a and M the
days before any election: and the auditor shall
forthwith deliver to the clerk Of every town and
city m hs county eepes Of each Of
each election district in bis town or city.
SEC 6S Every auditor, chairman Of the
board Of county commissioners and justice of
the peace shall receive for services performed
under this chapter the following fees For making
the statements, for every one hundred words, ten
cents: for every csrtthcste, with seal attaehed
10 statements, forty cents; which fees shall be
allowed by Lhe board OF county commissioners
Of the proper county, and paid by the county
ditor. ,e1. &sy :.
4 SEC, 60. Whenever amendments to the con-
stituti0n shall be submit: ed to the people for
their approval Or rejection it shall be the duty
trios d TIA state before the opening 81 shs polls
on election day. to post ny at the place Of hold
ing the eleotion, the proposed amendments, SO
thai the sSme can DC seen and read Said
lfnAnnmnnt9 WriktpN cr
partly printed an partly written. In the En-
Hlish lanRnage. Any Judge Of election violating
tine not exceeding five dollars for each onense,
which may be recovered before any jusrice of
tho peace,ior any court Of the county. 4
SEc. 70 30 spiriluols, malt Or Intoxicating
liquor shall be sold or given away, nor shal; any
store, saloon or bar Room where such liquor IL
sold or given away, be open on any general or
special election day from The nonr Of i've o'clock
che afternoon. Whoever violates the provisions
OF this section shall be hned not less than one
ofs san thes ~
bhe nlsybr, sherih, constable and other officers
and magistrates Y gee that the provisions Of
s s hs aas I ns4t aAa pressans &c n
any election TO issue . proclamation that the
provisions Of this section will be strictly en-
ties herein dcscribaa 10 shall be subject to tsne
of one thousand dollars 0r 0rinprisonment In the
county Jail for sixty days, or both. in the dis
gCretion OF thu court g@ Gst
apply .ex capt In cities having over twelve thol-
sand tnhabitanbs To MI elections hereafter 70 Be
nsa ior M os Sa county,
president and vice president of the United
States, and to any vote hereafter to be taken on
amendments to tho eansttfntion, laws ohauRing
..ha yotsset ths pseple But the regis.ratipn q
mi n y n